MUNISH KHANNA (PARTNER) 16 March 2010

family settlement deed

Hello,

My father-in-law passed away without a will, leaving my mother-in-law and my wife as his legal heirs

He had a joint property with his brother in delhi.Now my mother-in-law wants to transfer the share to my wife.

We have been suggested a relenquishment deed for the above purpose.Also she wants that my wife should

enjoy sole rights and not jointly with her uncle.For that purpose someone has recommended Family

settlement deed and someone says that Partition Deed would be a better bet.Which would be a better

recourse?

Also,would there be any liability for stamp duty?Can my wife get the property registerd and resale it without

any problem at a later date. I Would be thankful for your valuable advice.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010

It is joint property and not family property.

After the death of your father-in-law, family settlement will not be right solution.

Make partition with the brother of your father-in-law as one party and your wife and mother-in-law as other party.

After partition, your mother-in-law can execute release deed in favour of your wife.

This will be simple mode of transfer.

1 Like

MUNISH KHANNA (PARTNER) 17 March 2010

Thank you so much for your valuable advice.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 26 March 2010

Dear Munish,

U should go through the partition